Estate Planning Focusing On Your Family Member With Special Needs
Special needs estate planning is a significant concern for parents of children with disabilities, especially as they come close to turning 18. A young person with a disability will become the legal decision-maker with regard to, not only their own educational services, but also very important medical and personal decisions, after reaching the age of majority. Parents can continue to act on a young adult child’s behalf if that student designates the parents as such through a power of attorney or if the parents obtain guardianship of the student. Education Consulting, Advocacy & Legal Services, LLC, is a special education-focused law firm with a statewide clientele throughout Massachusetts. Our attorneys assist parents and students who qualify for special education and other educational services because of disabilities.
Before becoming a lawyer serving students with disabilities and their families, our founder, Pamela S. Milman, was a special education educator, a school administrator and an education specialist with the Massachusetts Department of Education. Through this diverse experience and years of private law practice, she and other attorneys at our firm are well-equipped to help families navigate estate planning that respects a young adult student’s need for protection in special education and eligibility for other appropriate public benefits. Contact us at 781.231.IDEA (4332) or through this website to discuss any of the estate planning solutions detailed below.
Protecting Clients And Their Families With Special Needs Trusts
Our law firm can help you create estate planning tools that will preserve your child’s ability to qualify for special education services and other public benefits. You may choose to set up a special needs trust, which is:
- An instrument for families with children with disabilities to provide ‘extras’ for their child without compromising eligibility for Supplemental Security Income (SSI), MassHealth or other public benefits
- Often the most effective way to provide security and good quality of life for an individual with special needs
- A separate legal entity that can hold and distribute assets for beneficiaries (individuals with special needs) in a manner that protects the disabled child’s eligibility for government-provided food, clothing and shelter benefits
The special needs trust should not duplicate public benefits or be drafted as the primary source of support for the disabled, but rather, be supplemental.
Education Consulting, Advocacy & Legal Services, LLC, is available to help you understand and put in place the estate planning tools such as a special needs trust for your family. Your young adult son or daughter who is approaching age 18 may also establish a durable power of attorney for financial protection and designate a health care proxy. Alternatively, you may obtain guardianship of your young adult child with disabilities.
Request A Consultation About Special Needs Estate Planning
Attorney Pamela S. Milman, the founder of our Massachusetts special education law firm, has helped countless families over the years, both in her education career and her law practice. She is well aware of the most effective and efficient ways for families to protect the rights and standard of living of children with disabilities, including those over age 18.
Discuss your estate planning needs and goals with regard to any member of your family with special needs. Call 781.231.IDEA (4332) or send an email inquiry to schedule a meeting with one of our lawyers at your convenience.